GROUND TRANSPORTATION

Houston Code of Ordinances ch. 9, art. II, div. 3

in effect

Houston Code of Ordinances § 9-51 Definitions.

Sec. 9-51. - Definitions. For the purpose of this division only, the following terms shall have the meanings specified below unless otherwise indicated herein: Airport use fees includes all fees and charges required to be paid under or pursuant to this division. Airport use permit means a valid, unexpired and unrevoked permit issued by the director pursuant to this division. An airport use permit contains terms and conditions more completely prescribed in this division. An airport use permit grants privileges (e.g., using airport property for commercial purposes, supplying services at the airports) for which fees are imposed. Both airport use permits and the more specialized contracts mentioned in this division are types of contracts, leases or other arrangements authorized by state law. An airport use permit does not grant a permittee the privilege of parking on airport property without paying a separate parking fee. Applicable regulations means all of the provisions of this chapter, all other applicable ordinances, rules, and regulations of the city and the director, any applicable rules, regulations, statutes, and constitutional provisions of the federal and state governments, and any applicable assurances and covenants made by the city in connection with federal or state grant programs. Automated vehicle identification system means a system consisting of vehicle transponders, radio-frequency identification, antennas, computer software and industry-specific hardware to facilitate billing, reporting, invoicing, security and access control, compliance enforcement, automatic staging and call up for buses, limousines, shuttles, and TNCs, taxi queuing and dispatching from the holding lot, and gate access control and security authorization for commercial transportation providers. Commercial business entity means any sole proprietorship, partnership, corporation, trust or other person engaged in commercial, industrial or institutional operations in connection with which money or anything of value is paid, demanded or expected by passengers, customers or other users, but does not include the federal government of the United States, the State of Texas or any of their departments, agencies or political subdivisions (unless they provide, as their primary function, ground transportation of passengers in exchange for fares or charges). Commercial carrier service means transportation service provided by a commercial passenger vehicle under circumstances where two or more passengers may share the same vehicle and each is charged a fare that is determined on a per-passenger, per-trip or similar basis that does not depend upon the number of passengers being carried. Commercial passenger vehicle means a motor vehicle while it is used, or offered (orally or in a writing or sign) to be used, to transport one or more persons, on land, either: (1) In exchange for a fare, charge, or other thing of value (paid, demanded, or expected for the transportation service, in whole or in part, directly or indirectly, by the person transported or by another person, or otherwise); or (2) In connection with the operations of a commercial business entity, regardless of whether a fare, charge, or other thing of value is paid, demanded or expected for the transportation service. It shall be a presumption that a motor vehicle bearing the name, trade name, common name, emblem, trademark or other identification of a commercial business entity and being used to transport a passenger is a commercial passenger vehicle. Consolidated rental car facility means any building, parking structure, commercial passenger vehicle, maintenance and storage facility and related infrastructure for rental car users designated by the director as a consolidated rental car facility. Courtesy vehicle means a commercial passenger vehicle that meets all of the following criteria at all times when it is operated on city airport premises: (1) The vehicle is owned or provided by one or more commercial business entities that: (i) arrange for the vehicle to provide transportation only incidentally to the commercial business entities' primary businesses or activities, which may, for example, be car rental, parking, lodging, air transportation, special events or medical care; (ii) provide the vehicle, by purchase or lease or by contracting with another party (which party may or may not be primarily in the business of providing ground transportation); and (iii) all sign the application for the airport use permit for the vehicle, as applicants or co-applicants. (2) The vehicle is provided for the exclusive use of officers, agents, employees, customers or invitees of any of the commercial business entities. (3) There is no fare, charge or thing of value paid, demanded or expected from the persons transported, directly or indirectly, for transportation, and this is effectively communicated to the traveling public. (Example: An increase in the charge for lodging or for an event could be an indirect charge, if related to transportation.) (4) If required by the director, the vehicle is prominently and permanently marked to show its status as a courtesy vehicle. Such marking could include, for example, the legend "free courtesy vehicle, not for hire," or a similar legend, together with the names and locations of the commercial business entities served. Customer facility charge or CFC means a fee collected by a rental car user from a rental car customer for the purposes of funding a consolidated rental car facility and related expenses. The CFC does not constitute income, revenue, or an asset of the rental car user. The CFC and revenues derived therefrom constitute fees and charges of the kind that will generate excluded fee and charge revenues," as defined herein. Excluded fee and charge revenues means all income and revenues derived from fees and charges imposed by any city ordinance adopted after July 1, 2007, and declared in such ordinance to constitute fees and charges of the kind that will generate excluded fee and charge revenues, as further defined in Ordinance No. 2016-846, as may be amended from time to time. Geofence means a virtual perimeter, consisting of defined geographical boundaries, that uses global positioning system, radio frequency identification or other technology to track and report vehicle location and activity. HOU transaction day means a 24-hour period or fraction thereof for which a rental car customer is provided the use of a rental car for compensation at HOU, regardless of the duration or length of the rental term, except that a partial day after the last 24-hour day booked shall not be considered a transaction day. If the same rental car is rented to more than one customer within such continuous 24-hour period, then each such rental shall be calculated as a transaction day. Hearing officer means a person appointed by the director of administration and regulatory affairs to hear appeals under this division. An appointee may be a city employee, but an appointee shall be disqualified from hearing any matter that the appointee personally investigated or for which the appointee had any substantial enforcement responsibility. Local transit vehicle means a motor vehicle operated by a political subdivision of the State of Texas under Chapter 451 or 452, Texas Transportation Code, or other applicable laws, while it is providing local transit service characterized by frequent stops along local streets or characterized by demand-responsive stops to receive or discharge persons with physical disabilities. Non-Houston taxi means a vehicle with a capacity of six or fewer persons while it is lawfully operated under a license, permit, or other similar permission issued by another municipality, which license, permit, or permission is substantially similar to a permit issued under article II of chapter 46 of this Code. Off-airport parking user means a commercial business entity that provides or arranges for one or more commercial passenger vehicles, however owned or operated, to pick up or drop off passengers within a terminal complex of an airport in connection with the operations of a business of the user involving the parking of motor vehicles at a facility, including a hotel or other entity whose primary business may not be parking, located outside the airport boundary. Off-airport rental car user means a rental car user, where the user does not have a concession, contract or lease with the city for the use of counter space or other facilities in the terminal complex. On-airport rental car user means a rental car user, where the user has a concession, contract or lease with the city for the use of counter space or other facilities in the terminal complex. Peer-to-peer car rental means the rental of an individual's personal vehicle to another individual, involving monetary compensation to the vehicle owner. Permittee means a person to whom an airport use permit has been issued. Regulatory approvals means all permits, licenses, certificates, registrations, and other approvals required by applicable regulations. Rental car user means any business entity that directly or indirectly provides, procures or brokers rental vehicles and/or conducts, facilitates, and/or manages vehicle rental activities and either picks up or drops off passengers in the terminal complex or allows passengers to pick up or drop off their rental vehicles within the terminal complex. Rental car user includes any traditional rental car business, broker for car rental business or service, rental car delivery company, peer-to-peer car rental business or service, and car-sharing business or service (excluding any transportation network company), regardless of whether the entity has an on-airport concession or other agreement with the city. SGT permit means a valid, unexpired, and unrevoked permit issued by the director of administration and regulatory affairs pursuant to section 9-58. SGT vehicle means a motor vehicle, other than a taxicab or a vehicle operated by the Metropolitan Transit Authority of Harris County, Texas, with a rated passenger capacity of ten persons or more (including the driver), that is used or offered (orally or in a writing or sign) to be used, to transport one or more persons in exchange for a fare, charge, or other thing of value (paid or to be paid specifically for the transportation service), where such transportation is provided or offered (orally or in writing or sign) to be provided as part of a regularly scheduled transportation service to or from an airport. A "regularly scheduled transportation service" is a transportation service provided or offered at fixed times or intervals or at repetitive times or intervals. Specified service area means an area specified from time to time by the director pursuant to section 9-54. Taxicab means a vehicle while it is lawfully operated under a taxicab permit issued under chapter 46 of this Code. Terminal complex means each area within the boundary of HOU or IAH located within 400 feet of any part of the following: (i) a passenger terminal building, (ii) a consolidated rental car facility, or (iii) a parking facility. The interterminal train system at IAH is deemed to be a part of a passenger terminal building. The director may promulgate a map or other description of a terminal complex, and it shall be a presumption that the boundaries of the terminal complex are as so promulgated by the director. TNC means transportation network company. Transportation network company has the meaning provided in Chapter 2402 of the Texas Occupations Code. Transportation network company driver means an individual affiliated with a transportation network company transporting passengers for compensation. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 08-52, § 37, 1-16-08, eff. 1-26-08; Ord. No. 2011-489, § 4, 6-22-2011; Ord. No. 2014-1013, §§ 2, 3, 11-12-2014; Ord. No. 2016-728, § 2, 9-28-2016; Ord. No. 2020-371, § 4, 5-6-2020)

Houston Code of Ordinances § 9-52 General provisions.

Sec. 9-52. - General provisions. (a) Use of property and funds. This division provides rules and regulations for the use of airport property by commercial passenger vehicles, and it requires that airport use fees be paid for the use of airport property. It is city policy that funds from airport use fees shall be used for airport purposes, as more fully described in the ordinances authorizing the issuance of airport system bonds adopted from time to time. With the exception of the commercial ground transportation activities described in Table 9-1 or the city fee schedule, any other commercial ground transportation activity using airport property is prohibited without a permit or direct agreement with the city and payment of appropriate airport use fees. (b) Permits required, etc. It shall be unlawful for any person owning, possessing, controlling, or operating a commercial passenger vehicle to cause or allow one or more other persons to board the vehicle, or to alight from the vehicle, in any terminal complex if there is no airport use permit for the vehicle unless such boarding and alighting is covered under a direct agreement with the city. It shall also be unlawful for any person owning, possessing, controlling, or operating a commercial passenger vehicle to cause or allow the vehicle to be operated upon airport property if: (1) The vehicle is operated in violation of this division, any airport use permit, or any condition in an airport use permit; or (2) Any of the airport use fees required by this division with respect to the use of the airport has not been paid when due. (3) The vehicle or its operation does not comply with any other regulatory approval required by applicable regulations (e.g., a city, state or federal license, permit, franchise), for any part of a trip that includes airport property. (c) Others liable; contractors. It shall be unlawful for any person to direct, cause, or allow another person to violate, or to aid another person in violating, subsection (b) above. A permittee may allow independent contractors to operate permittee's vehicles; however: (i) the permittee must maintain all required insurance mandated by federal and state laws, including those articulated in chapter 1954 of the Texas Insurance Code pertaining to transportation network company drivers, covering both permittee and each contractor, and (ii) in any event, both the permittee and the contractor are responsible for compliance with applicable regulations. (d) Control of vehicles. For purposes of this division only, it shall be a presumption that a motor vehicle bearing the name, trade name, common name, emblem, trademark, or other identification of a commercial business entity is controlled by that business entity and by the managers of that business entity; however, this presumption does not apply in the case of a taxicab, or TNC, while it is driven by an independent contractor. (e) Taxicabs. It shall be an affirmative defense in any prosecution involving lack of an airport use permit under this section (but not prosecutions involving other violations or nonpayment of fees) that the vehicle in question was: (1) A taxicab; or (2) A non-Houston taxi, and no passengers boarded it on airport property. (f) Occasional users. It shall be an affirmative defense in any prosecution involving lack of an airport use permit under this section (but not prosecutions involving other violations or nonpayment of fees) that the vehicle in question was not used to transport passengers within a given terminal complex more than twice during the seven-day period ending on and including the day of the alleged offense. (g) Non-airport use. It shall be an affirmative defense in any prosecution involving lack of an airport use permit or nonpayment of fees under this section that the vehicle in question was operated exclusively on dedicated public streets, roads and highways, without using airport property during the trip in question. (h) Consolidated rental car facility. (1) IAH. The director has designated 17330 Palmetto Pines at IAH as a consolidated rental car facility and part of the terminal complex. The consolidated rental car facility is designed and operated to allow a single, consolidated shuttle bus system to transport all rental car passengers to and from the passenger terminals. It shall be unlawful for any person owning, possessing, controlling, or operating a commercial passenger vehicle to cause or allow any passenger to board the vehicle, or to alight from the vehicle, anywhere within 400 feet of a passenger terminal building at IAH, if the passenger comes from, or is going to, any premises owned, possessed, controlled or operated by an off-airport rental car user. This paragraph does not apply to passengers boarding or alighting from the consolidated shuttle bus system serving the consolidated rental car facility. The director shall have the right to designate successor and substitute consolidated rental car facility which shall become part of the terminal complex for IAH. (2) HOU. The director may designate a consolidated rental car facility at HOU. The consolidated rental car facility may be designed and operated to allow a single, consolidated shuttle bus system to transport all rental car passengers to and from the passenger terminals. After a designation becomes effective, the designated facility will become part of the terminal complex for HOU, and rental car users at HOU shall direct their customers to the consolidated rental car facility at HOU. It shall be unlawful for any person owning, possessing, controlling, or operating a commercial passenger vehicle to cause or allow any passenger to board the vehicle, or to alight from the vehicle, anywhere within 400 feet of a passenger terminal building at HOU, if the passenger comes from, or is going to, any premises owned, possessed, controlled or operated by an off-airport rental car user. This paragraph does not apply to passengers boarding or alighting from a consolidated shuttle bus system serving the consolidated rental car facility. The director shall have the right to designate a successor and substitute consolidated rental car facility which shall become part of the terminal complex for HOU. (i) Consent to use property. For purposes of section 9-161 of this Code, persons who operate commercial passenger vehicles or local transit vehicles in compliance with this division, and in compliance with other applicable regulations, do so with the approval of the city council, and the commercial activity of transporting passengers at the airports is authorized by the city council to the extent herein provided. The city, as the owner of the city's airports, does not consent to the use of airport property in violation of this division or other applicable regulations. (j) Penalties. Violation of this section shall be punished by a fine not exceeding $500.00. Each day any violation of this section continues shall constitute a separate offense. The suspension, revocation, cancellation, or denial of any license, permit, or certificate shall not prohibit the imposition of any civil or criminal penalty. The imposition of a civil or criminal penalty shall not prohibit any other remedy and shall not prohibit the suspension, revocation, or denial of a license, permit, or certificate. The city shall have the authority to enforce this division by civil litigation to the full extent allowed by state law. (k) Regulations. The director shall prescribe regulations for the use of airport premises by permittees, including, but not limited to: regulations for applications, permits and appeals, which must include the use of a hearing officer; regulations allowing temporary substitute vehicles; regulations as to locations to drop off or pick up passengers, park vehicles, stage vehicles, or hold vehicles; regulations as to routes of vehicles; regulations as to appearance of vehicles and drivers; regulations as to conduct upon airport premises; and other regulations as may be necessary for the safe and efficient operation of the airports. (l) Enforcement. The director shall enforce the provisions of chapters 26, 45 and 46 of this Code on each airport's roadways and curb zones, including the designation of persons other than peace officers, to enforce the provisions of those chapters as well as state laws and regulations relating to the stopping, standing and parking of motor vehicles by issuance of citations on the official form prescribed by the director. The director shall issue appropriate identification and the necessary citation forms to the persons designated pursuant to this section. (m) Inspections and audits. All commercial business entities and vehicles permitted to access any city airport, including vehicles driven by a transportation network company driver, are subject to inspection and audits to ensure compliance with the provisions of this division. (n) Permit and HAS access limits. The director may at any time limit either the number of permits or the access afforded to commercial business entities due to limitations in the availability of curbside space or parking and staging in the applicable staging lots, garages and holding areas. (o) Badging and driver identification. The director reserves the right to require the possession and presentation upon request, of HAS badges, identification cards, radio-frequency identifications or other forms of identification verification as the director deems necessary for the enforcement of this division. (p) City audit rights. Unless otherwise provided in a contract entered into pursuant to this division, the director may, upon 14 days' written notice, without cost to a commercial business entity operating under this division, cause an inspection and audit to be made of the books and records of the commercial business entity to determine the correctness of the computation of fees paid to the city on behalf of the Houston Airport System. If, as a result of such inspection and audit, it is established that additional compensation is due the city, the commercial business entity shall pay such additional compensation to the city within 15 days of receipt of written notice from the director. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 2014-1013, § 4, 11-12-2014; Ord. No. 2020-371, §§ 5—8, 5-6-2020)

Houston Code of Ordinances § 9-53 Airport use permits generally.

Sec. 9-53. - Airport use permits generally. (a) Application. A person desiring to obtain an airport use permit must apply to the director upon a form promulgated by the director. The form may require: (i) multiple signatures, in the case of transportation services provided by or for more than one entity, (ii) agreements to comply with applicable regulations, (iii) indemnities to protect the city and its officers, agents and employees, and (iv) other provisions related to this division. (b) Form of permits, devices, etc. The director shall prescribe the form of airport use permits. There may be different permit forms (with different provisions) for different categories of vehicles and services. The director shall also prescribe the form of stickers, electronic devices, or other evidence of an airport use permit and the manner in which the evidence shall be affixed and displayed. (c) Insurance. Each permittee must provide and maintain insurance coverage (or self-insurance) as required by this section throughout the term of the permit. (1) Insurance policies maintained by permittees other than transportation network company drivers must meet all of the criteria, coverage limits and all prescribed times when the requisite coverage shall be in effect as provided in chapter 46 of this Code. The director shall approve self-insurance in lieu of liability insurance policies if the applicant submits proof that the applicant has qualified as a self-insurer under state laws and regulations applicable to motor carriers (see, e.g., § 643.102, Texas Government Code and 43 TAC § 18.16) up to the limits required by this section for liability insurance policies. (2) Except for transportation network company drivers, a permittee not covered by chapter 46 is required to have and maintain motor vehicle (or automobile) liability insurance with limits of liability not less than $100,000.00 for bodily injury to one person or death of one person and $300,000.00 for bodily injury to or death of all persons injured or killed in any one accident. (3) Because airport use permits are not required for taxicabs or non-Houston taxis, the foregoing insurance provisions (as well as the other permit requirements) do not apply to them; however, the provisions of chapter 46, including the insurance provisions, shall remain applicable to taxicabs, and the ordinances and regulations of the municipality regulating non-Houston taxis shall remain applicable to them. (4) Each permittee shall submit written proof of insurance (or self-insurance) to the director: (i) with each application for a permit, including transfers and other changes, (ii) at least 15 days before any existing coverage expires, and (iii) at any other time when requested by the director. Except for transportation network company drivers, each proof of insurance shall meet the criteria of chapter 46 of this Code, or such other criteria as the director may promulgate, e.g., for self-insurance. The director may waive these requirements when proof is already on file with another city department as required by chapter 46 of this Code. (5) A permittee who is a transportation network company driver shall have and maintain primary automobile insurance as required by Chapter 1954 of the Texas Insurance Code. (d) Term. Each airport use permit shall be effective for a term prescribed by the director, not to exceed 18 months. A permit may be renewed. The standards and procedures for renewals are the same as for original permits. (e) Issuance or denial. After a complete and effective permit application is received, the director shall grant it unless one or more of the following circumstances is present: (1) The application does not meet a requirement of this chapter or another applicable regulation, or information required to be provided by the applicant is missing. (2) The application includes false or misleading information or omits information necessary to prevent the application from being misleading. (3) It appears that the proposed activity will not comply with applicable regulations, or the director is not able to discern from the application that the activity will so comply. (4) An airport use permit or other regulatory approval relating to passenger transportation issued to the applicant, or to a closely-related party, was revoked within the 180 day period preceding the date the application is filed, and the revocation has become final, all because of a violation of a statute, rule, regulation or ordinance. This requirement may be waived if the applicant demonstrates clearly that the circumstances of the revocation have been changed so as to prevent another violation. If a permit is denied under this paragraph because of a previous conviction, the director shall follow the procedures of section 1-9 of this Code and applicable state law. It is found and determined that the previous conviction for a violation of a statute or ordinance that results in a revocation of an airport use permit shall be grounds for denial of a new permit because such a conviction would indicate an inability or an unwillingness of the applicant to comply with this division or the terms of the permit. (5) The director determines that the proposed service: (i) would be inconsistent with any contracts, leases or other arrangements previously made, or in process, for service to a specified service area; (ii) would cause a reduction in the quality, reliability or traveler-orientation of the overall ground transportation system; (iii) would cause an increase in price, immediately or in the future, of scheduled or lower-priced services; (iv) would be inconsistent with efficient operation of the airport in question; or (v) would otherwise adversely affect the traveling public. (f) Conditions. The director may grant a permit with conditions, to be stated in the permit, if the director determines that such conditions are: (i) required by this division; (ii) required to allow the permit to be issued under the criteria set out in this division; or (iii) reasonably necessary to achieve compliance with applicable regulations. An application for a permit shall be deemed denied if not granted on or before the thirtieth day next following the day the application is completely and effectively filed. (g) Non-transferable. A permit is personal to the applicant or commercial business entity to whom it is issued and may not be sold, transferred or conveyed by operation of law or otherwise. (h) Revocation. The director shall have the authority to revoke a permit for any one or more of the following reasons: (1) The activity covered by the permit appears not to comply with any applicable regulation or with any condition imposed in connection with the permit, regardless of whether the noncompliance was shown on the application for the permit or was otherwise known to the city. (2) The activity has been substantially abandoned or ceased for a period of 30 consecutive days or more, unless such abandonment or cessation is caused by circumstances beyond the control of the applicant, and the applicant is proceeding with due diligence, given all attendant circumstances, to resume the activity. (3) Information provided in or as part of the permit application is materially incorrect. (4) The permit should not have been issued pursuant to the criteria of this article or the criteria of any other ordinance applicable to the permit. (5) Any check or instrument presented to the city in connection with the permit was returned unpaid for any reason. (6) A change in an applicable regulation requires that the permit be revoked. (7) The director is denied access to inspect or examine any vehicle or place where the activity occurs or any records to which the director is required to have access under this division. (8) The permittee does not have other regulatory approval to operate the service in question (where required). (9) In the case of permits issued pursuant to a contract for service, the contract is not in effect. (10) Any permit, sticker, electronic device, or other required evidence of an airport use permit is counterfeited, disabled, tampered with, transferred, affixed, displayed, or removed contrary to rules issued by the director. (11) Any fees or charges required by this division are not paid when due. (12) Cancellation, termination or other lack of insurance or self-insurance. (13) The permittee does not file the reports evidencing its commercial activities or revenue required under section 9-56 of this Code. (i) Procedures. Before revoking or suspending a permit (and except as provided below), the director shall make a reasonable attempt to: (1) Notify the permittee (or local management personnel of the permittee, in case the permittee is not notified) orally or in writing at an appropriate address (physical or electronic), telefax number or telephone number shown on the permittee's most recent permit application; (2) Describe the evidence supporting the revocation or suspension; and (3) Provide the permittee an opportunity to respond. If requested by the permittee, the director shall grant a reasonable time extension for the permittee's response, unless it is obvious that there has been a serious or repeated violation of applicable regulations. The proceedings may be handled informally. If, after making such an attempt, the director is of the opinion that the permit should be revoked or suspended, he may issue a written order so stating, which shall be effective (unless a later time is indicated in the order) when notice thereof is given to the permittee. (j) Suspension. If the director so determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, the director may suspend the permit for a period of time to be stated in the order of suspension. The director may suspend a permit without prior notice if the permittee knows, or should know, that: (i) any other regulatory approval required to operate the vehicle is not in effect, (ii) required insurance or self-insurance is not in effect, or (iii) fees or charges required by this chapter are not paid when due. In case of such a suspension, the director shall provide an expedited opportunity for the permittee to respond and appeal. (k) Demerit system. The director may classify violations and assign each a specified number of demerits. Accumulated demerits may be used to determine when permits are suspended or revoked. (l) Refund of annual permit fees. A permit holder whose permit has been suspended or revoked for a reason other than nonpayment of fees shall be entitled to a refund of the pro rata share of the annual fee paid. (m) Nature of permits. An airport use permit is only a nonexclusive, conditional permission to use airport premises. No permit confers a vested right or property right of any kind, and all permits are subject to amendment, cancellation, revocation, or suspension at any time. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 2010-354, § 2, 5-12-2010; Ord. No. 2014-1013, §§ 5, 6, 11-12-2014; Ord. No. 2020-371, §§ 9, 10, 5-6-2020)

Houston Code of Ordinances § 9-54 Contracts; specified service areas; commercial carrier service.

Sec. 9-54. - Contracts; specified service areas; commercial carrier service. (a) Contract service. Where the director finds that reliable, modestly-priced, scheduled, on-demand or pre-arranged commercial carrier service between an airport(s) and one or more specified points or service areas would be beneficial to the traveling public and should be assured by one or more contracts, the director may recommend that the city enter into one or more contracts for any such service. Any such contract must be approved by the city council and must contain the requirement that the operator maintain fares and other service standards. (b) Specified service areas, designation. If such a contract would require a substantial financial investment by an operator, the contract may designate a specified service area that the contractor must serve, and the contract may include restrictions on granting others the right to use airport property to provide the same or similar service. However, it is the policy of the city that a contract containing such restrictions: (1) Should be made, to the greatest extent practicable, only after seeking competitive proposals; (2) Should be made with an operator that can provide low passenger fares consistent with good service and financial stability; and (3) Should have a term no longer than is reasonably necessary to induce the operator to make the necessary financial investment or commitment. (c) Specified service areas, details. A specified service area for a given airport shall not be substantially larger than is reasonably necessary, in the judgment of the director, to assure that the contracted-for service will be financially viable, modestly priced and reasonably frequent. The director may amend a specified service area from time to time, unless otherwise limited by contract. The director may decline to issue an airport use permit authorizing the use of airport property to provide commercial carrier service to or from points within any specified service area unless the director determines that the service in question: (1) Would benefit the traveling public; (2) Would be consistent with the practical and efficient operation of the airport in question; and (3) Would not violate any contractual arrangements in process or in effect. (d) Commercial carrier service, generally. The director shall insert conditions into each permit for commercial carrier service to require: (1) Maintenance of a regular, predetermined schedule (which must be defined in terms of departure times, arrival times, pickup points, and discharge points, or in other terms such as routes or places served and minimum headways or maximum waiting times, all of which must provide enough detail to inform a traveler as to when and where the service will be provided); and (2) Publication of the schedule and the carrier's fares in a manner acceptable to the director. (e) Commercial carrier service, additional conditions. The director may also insert conditions into any permit for commercial carrier service to require one or more of the following: (1) Termination of the permit after a temporary period shorter than the normal term of a permit. (2) Payment of additional fees to the city upon noncompliance with the permit. (3) Maintenance of vehicles of the capacity, quality, condition, and age required to comply with regulatory approvals and with the applicant's proposal or contract with the city. (4) Posting of a performance bond or other performance security to assure compliance with the permit. (5) Specification of points or areas to or from which service may not be provided, including, for example, specified service areas. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 06-947, § 1, 9-13-06)

Houston Code of Ordinances § 9-55 Application fees.

Sec. 9-55. - Application fees. (a) For vehicle classes 2, 4, 5, and 6, as defined in Table 9-1, a non-refundable application fee must accompany each application for an airport use permit. The amount of the fee is stated for this provision in the city fee schedule for an original permit or a renewal permit or for transfer of a permit. (b) For vehicle classes 3, 7, 8, and 12, as defined in Table 9-1, the application fee is included in the annual use fee. (c) Exceptions to the provisions of this section: (1) If the applicant began operations or continued operations without a valid permit, the application fee is stated for this provision in the city fee schedule (to cover additional costs imposed upon the city); (2) If the director prescribes a permit term shorter than one year, the full application fee must be paid, but the director shall grant the applicant a credit toward the next renewal fee, and the credit shall equal the pro rata part of the permit fee not covered by the short permit term; (3) If the director prescribes a permit term longer than one year, the fee shall be increased pro rata; and (4) The application fee for a temporary permit (term shorter than 30 days) is stated for this provision in the city fee schedule. (5) See section 9-57 of this Code for additional provisions, as applicable. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 2010-354, § 3, 5-12-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2014-1013, § 7, 11-12-2014; Ord. No. 2016-728, § 3, 9-28-2016)

Houston Code of Ordinances § 9-56 Annual and recurring airport use fees and reporting.

Sec. 9-56. - Annual and recurring airport use fees and reporting. (a) The annual and recurring airport use fees for the classes of vehicles described in Table 9-1, which are in addition to any other fees provided for in this division, are stated for this provision in the city fee schedule. Annual use permit fees are due in full at the time of issuance airport use permit. (b) Off-airport rental car users and off-airport parking users, as described in Table 9-1, shall file with the director a financial report evidencing such off-airport rental car users' and off-airport parking users' gross receipts, as defined in Table 9-1, on a monthly basis on or before the 15th day of the month following the close of each calendar month. All such off-airport rental car users and off-airport parking users shall utilize any forms promulgated by the director for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the director. (c) Transportation network companies not having a TNC operating agreement with the city for service at IAH or HOU, as described in Table 9-1, shall file with the director a trip report evidencing such company's total number of trips on a monthly basis on or before the 15th day of the month following the close of each calendar month. All such companies shall utilize any forms promulgated by the director for the submission of the required trip reports and shall submit the trip reports in accordance with any instructions, rules, or regulations promulgated by the director. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 2010-354, § 4, 5-12-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2020-371, § 11, 5-6-2020)

Houston Code of Ordinances § 9-57 Airport use fees; additional provisions.

Sec. 9-57. - Airport use fees; additional provisions. (a) Billing accounts. The director is authorized to establish monthly billing accounts for permittees who regularly use an airport. (b) Payment procedures. Payment of the airport use fees required by this division shall be made in accordance with procedures promulgated by the director and at the times specified by the director. The director is authorized to employ automated vehicle identification systems and other measures deemed appropriate by the director for this purpose, parts of which systems, if used, shall be affixed to vehicles as prescribed by the director. Payment shall be made by charging the fee to an account established by the director pursuant to this section or by United States currency. With respect to taxicabs and non-Houston taxis at city airports, the director shall also have the authority prescribed by chapter 46 of this Code. (c) Appeals. The fee for an appeal to the hearing officer is stated for this provision in the city fee schedule, but the hearing officer may order the refund of part of the appeal fee, to the extent, if any, that the hearing officer determines that the cost incurred by the city is less than the fee for that appeal. (d) Temporary substitutes. The fee for a temporary substitute vehicle is stated for this provision in the city fee schedule. (e) Replacement permits. The fee for a replacement permit is stated for this provision in the city fee schedule. (f) Periodic revisions. Periodically, the director shall calculate and submit to the city council for approval a new schedule of airport use fees that reflect changes in costs of providing, operating, and maintaining airport facilities. (g) Certain waivers. For vehicles authorized to be operated under other types of agreements for use of airport property (e.g., airline agreements, hotel agreements, leases of real property) in exchange for rentals, fees or other charges paid to the city, the director may waive the fees required by this division (but not the requirement to obtain an airport use permit), if waiver is necessary to avoid a double payment to the city. The director may also waive the requirements for airport use permits and fees for local transit vehicles, if suitable vehicle identification provisions are made, and if, as a practical matter, they provide an essential public service requiring a direct tax subsidy. The director may also waive the requirements for airport use permits and fees for vehicles transporting passengers for purely charitable purposes or events if adequate evidence is provided to the director that such purpose or event is not for the commercial enrichment of an individual or entity. (h) Owner responsibility. The owner of a commercial business entity providing transportation services under this division is responsible for the payment of all fees under this Code and may not delegate or assign such responsibility or otherwise avoid it by altering the name of the commercial business entity. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 07-739, § 1, 6-27-07; Ord. No. 2010-354, § 5, 5-12-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2014-1013, §§ 8—10, 11-12-2014; Ord. No. 2016-728, § 4, 9-28-2016; Ord. No. 2020-371, § 12, 5-6-2020)

Houston Code of Ordinances § 9-58 Scheduled ground transportation permits issued by the department of administration and regulatory affairs.

Sec. 9-58. - Scheduled ground transportation permits issued by the department of administration and regulatory affairs. (a) In general. SGT permits issued by the director of administration and regulatory affairs pursuant to this section shall be sufficient authorization for SGT vehicles to operate on the streets, roads, and highways of the city while en route to or from an airport. An SGT permit is not required for vehicles operated in compliance with another chapter of this Code, or state or federal laws, governing vehicles for hire and use of streets, roads, and highways. An SGT permit, or another regulatory approval, is required in addition to an airport use permit in the circumstances described in section 9-52 of this Code. (b) Term, etc. SGT permits shall have a term of one year from the date of issuance and may be renewed for yearly terms upon reapplication therefor. (c) Fees. Permit fees per year for SGT permits are stated for this provision in the city fee schedule. (d) Applications. Applications for SGT permits shall be submitted on forms furnished by the director of administration and regulatory affairs and shall provide the following information: (1) Name and form of business under which the service will be operated. (2) The mailing address and telephone number of the applicant. (3) A list showing the model, type, and make of each vehicle applicant desires to place into operation. (4) A description of the service proposed to be provided. If the service is contract service authorized by section 9-54 of this Code, a copy of the contract is a sufficient description. (5) Written proof that the applicant has an airport use permit for each vehicle in question or has applied for such a permit. (6) Whether the applicant has ever been convicted of a felony or misdemeanor (7) Any other information that may be reasonably requested by the director. (e) Criminal history. Each person listed on the application must comply with the criminal history requirements of chapter 46 of this Code. (f) Issuance. Upon verification of the material submitted by the applicant pursuant to subsection (d) of this section and payment of the required permit fee, the director of administration and regulatory affairs shall issue an SGT permit to the applicant covering each vehicle specified in the application provided that any person required to be listed in the application has not been convicted, served time in jail or prison or is not subject to deferred adjudication for any applicable offense specified in section 1-10 of this Code. (g) Other standards. SGT permittees are required to observe the requirements of article VI of chapter 46 of this Code (relating to jitneys) concerning the conditions and safety of their equipment and operations. Provided, however, where the operator's contract with the city or an airport use permit provides for more stringent provisions, the more stringent provisions shall be applicable. (h) Substitute vehicles. Permittees may substitute a vehicle for a vehicle covered by an SGT permit, provided the director of administration and regulatory affairs is notified in advance on forms approved by the director. (i) Revocation or suspension; appeals. The director of administration and regulatory affairs may revoke or suspend any SGT permit, in whole or in part, for failure to comply with this section, provided that: (1) The permittee is given notice and an opportunity to be heard prior to the action; and (2) No such action is effective until the permittee is notified in writing, which notice must include a statement of the reason for the action. Within 15 days following receipt of such a notice, and if the permittee is wholly or partially suspended for 16 days or more or revoked, the permittee may appeal the action to the city council by delivering a written notice of appeal to the city secretary. Upon timely receipt of such appeal, a date will be set by the city council for a hearing thereon, subject to the councils general rules. The city council may affirm, modify, or reverse the action of the director of administration and regulatory affairs. (j) Status of vehicles. Any vehicle for which an SGT permit is in effect shall not be deemed a "taxicab" as defined in section 46-16 of this Code at any time when the vehicle is operated pursuant to this section. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 08-52, § 38, 1-16-08, eff. 1-26-08; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No 2011-489, § 5, 6-22-2011; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2016-728, § 5, 9-28-2016)

Houston Code of Ordinances § 9-59 Transportation network company airport operations.

Sec. 9-59. - Transportation network company airport operations. (a) TNCs (class 11, as defined in Table 9-1) and their drivers and vehicles must be in compliance with chapter 2402 of the Texas Occupations Code, and TNCs must have a valid airport use permit to operate at a city airport. (b) TNC drivers waiting for a fare through a TNC's mobile application technology shall wait in a designated TNC commercial vehicle waiting area on airport property or outside the geofence. (c) TNC drivers may pick up or drop off pre-arranged passengers only at designated TNC pick-up and drop off areas at airport terminal commercial curbs or other airport areas designated by the director. (Ord. No. 2014-1013, § 11, 11-12-2014; Ord. No. 2016-728, § 6, 9-28-2016; Ord. No. 2020-371, § 13, 5-6-2020)

Houston Code of Ordinances § 9-60 Geofence required.

Sec. 9-60. - Geofence required. TNCs shall create and maintain a geofence that complies with HAS Operating Instruction to track and report the monthly activity of TNC vehicles at any city airport. A TNC's mobile application technology must not show available vehicles within the geofence boundary surrounding an airport, except in designated TNC commercial vehicle waiting areas. A TNC's mobile application technology must capture vehicle movements into and out of the boundaries, to allow for tracking of trips from the airport. Each TNC shall (i) demonstrate to the director that the airport's designated geofenced area has been incorporated into its mobile application technology and (ii) ensure TNC drivers comply with all state and airport requirements. (Ord. No. 2014-1013, § 11, 11-12-2014; Ord. No. 2020-371, § 14, 5-6-2020)

Houston Code of Ordinances § 9-61 Assessment and payment of TNC trip fees.

Sec. 9-61. - Assessment and payment of TNC trip fees. (a) Trip fees for TNCs shall be assessed when entering an airport's designated geofenced area for the purpose of picking up a passenger. (b) Fees shall be payable to the Houston Airport System based upon monthly accumulated trip fees and are due the 15th day of every month. TNCs shall pay the Houston Airport System electronically either by wire transfer or by Automated Clearing House to the city bank account designated by the director. _____ Table 9-1. Annual and Recurring Airport Use Fees for Commercial Passenger Vehicles Class | Description/Criteria | Fees 1 | Taxicabs | HOU: Departures from the airline terminal building at HOU with one or more passengers. | $1.25 per departure IAH: Departures from anywhere at IAH with one or more passengers | $2.75 per departure 2 | Commercial Carrier Service (Contract) | Vehicles providing commercial carrier service under contract with the City. | Fees are as prescribed in the contract. 3 | Commercial Carrier Service (Special Permit Conditions) | Vehicles providing commercial carrier service not under contract with the City, but with special permit conditions under subsection 9-54. | The annual use fee, based on number of seats (including driver) is: 1 through 6 seats: $325.00 7 through 11 seats: $400.00 12 through 24 seats: $475.00 25 seats or more: $550.00 4 | On-Airport Rental Car Users at IAH | Vehicles used in connection with the business of on-airport rental car users. | Customer facility charge is as specified in the contracts. On-Airport Rental Car Users at HOU | Vehicles used in connection with the business of on-airport rental car users. | Customer facility charge is as established by the director and shall not exceed a maximum of $8.00 per HOU transaction day. 5 | Off-Airport Rental Car Users at IAH | Vehicles used in connection with the business of off-airport rental car users. | Off-airport percentage of adjusted gross receipts. See Note 1. Off-Airport Rental Car Users at HOU | Vehicles used in connection with the business of off-airport rental car users. | Customer facility charge is as established by the director and shall not exceed a maximum of $8.00 per HOU transaction day. 6 | Off-Airport Parking Users | Vehicles used in connection with the business of off-airport parking users. | 8% of gross receipts. See Note 2. 7 | Courtesy Limousines | Courtesy vehicles providing limousine service | The annual use fee, based on number of seats (including driver) is: 1 through 6 seats: $325.00 7 through 11 seats: $400.00 12 through 24 seats: $475.00 25 seats or more: $550.00 Additional fee for each hour over first for parking in Limousine Lots is $1.50 per each 15 minute increment. Waive first chargeable hour for vehicles waiting for international flights. 8 | Other Courtesy Vehicles | All other courtesy vehicles not covered elsewhere in this table | The annual use fee, based on number of seats (including driver) is: 1 through 6 seats: $325.00 7 through 11 seats: $400.00 12 through 24 seats: $475.00 25 seats or more: $550.00 9 | All Others | All other commercial passenger vehicles not covered elsewhere in this table | The annual use fee, based on number of seats (including driver) is: 1 through 6 seats: $325.00 7 through 11 seats: $400.00 12 through 24 seats: $475.00 25 seats or more: $550.00 10 | Occasional Use | All commercial vehicles using the airport occasionally (no more than twice in any week) | Fee per trip, based on number of seats (including driver) is: 1 through 6 seats: $2.00 7 through 11 seats: $3.00 12 through 24 seats: $5.00 25 seats or more: $7.50 11 | Transportation Network Companies (TNCs) (without a TNC operating agreement with the city at IAH and HOU) | Vehicles used for providing transportation services pursuant to Chapter 2402 of the Texas Occupations Code and chapter 9 of this Code. | $1.25 per departure from HOU $2.75 per departure from IAH Transportation Network Companies (TNCs) (with a TNC operating agreement with the city at IAH and HOU) | Vehicles used for providing transportation services pursuant to Chapter 2402 of the Texas Occupations Code and chapter 9 of this Code. | Fees pursuant to TNC operating agreements 12 | Wheelchair Accessible Service Providers (WAVS) | Vehicles providing transportation services pursuant to chapter 46, article X of this Code. | The annual use fee, based on number of seats (including driver) is: 1 through 6 seats: $325.00 7 through 11 seats: $400.00 12 through 24 seats: $475.00 25 seats or more: $550.00 Note 1 Rental car users (percentage, gross receipts). For off-airport rental car users: (i) the off-airport percentage is two percentage points lower than the prevailing percentage rate of gross receipts for on-airport rental car users at the airport in question, as determined by the director, and (ii) "adjusted gross receipts" means the sum of money, for any given time period, computed according to the following formula: (G - N) - E. In this formula: "G" is gross receipts, which for this purpose shall mean all revenue paid or payable and all compensation received in connection with the user's business operations at the facility served by the commercial passenger vehicles in question, including without limitation, the following: all sums received as time and/or mileage charges after discount, for the rental of automobiles by the user; all sums received from the user's customers by the reason of their acceptance of personal accident insurance; all sums received for any other insurance or airport fees, including any renewal policy issued to any customer; all sums received in connection with automobile rentals for mobile phones, car seats, and other amenities; all sums received for valet services, or other services rendered in connection with user's business; the fair market value of any goods, services or other things of value received as compensation for, or in exchange for, the supply of automobiles or any of the other goods and services referred to above; but "gross receipts" shall not include the following: the amount of any federal, state, or municipal sales or other similar taxes (which do not include non-tax fees such as airport use fees), whether or not separately stated and/or collected directly from customers of the user, now or hereinafter levied or imposed; any sums received as insurance payments or otherwise for damage to automobiles or other property of the user or for loss, conversion, or abandonment of such automobiles; amounts paid by customers of the user separately billed as additional charges for waiver by the user of its right to recover from customers for damage to the vehicle rented; any charges collected from customers as reimbursement for refueling an automobile rented pursuant to a rental agreement under which the customer is obligated to return the automobile with the same amount of gasoline furnished at rental; or any sums received by reason of the user's disposal of capital assets and/or trade fixtures. "N" is the amount, if any, of the user's non-airport-related gross receipts (included in "G") for the time period in question, as determined by the director. The user may seek to have such an amount determined for any given time period by applying in writing to the director on or before the due date of the fee for that time period and providing clear and convincing documented proof as to the amount of the user's non-airport-related gross receipts during such time period. If such proof is made to the satisfaction of the director, the director shall issue an order determining the amount of "N" for such time period and adjusting the airport use fee accordingly. If the director does not issue such an order within 30 days following the day that the user makes an application, the user may appeal the failure to issue the order to the hearing officer in the same manner as an appeal for the denial of a permit. "E" is $15,000.00 per month, prorated on a daily basis for time periods shorter than a month. Note 2 Parking users (gross receipts). For off-airport parking users, 'gross receipts' means all revenue paid or payable and all compensation received from the user's business operations at each facility served by the commercial passenger vehicles in question, including without limitation, the following: all sums received as parking charges after discount; all sums received as airport fees; all sums received in connection with providing any amenities or services in connection with parking; all sums received for valet services or other services rendered in connection with user's business; the fair market value of any goods, services or other things of value received as compensation for, or in exchange for, motor vehicle parking or any of the other goods and services referred to above; but "gross receipts" shall not include the following: the amount of any federal, state, or municipal sales, or other similar taxes (which do not include non-tax fees such as airport use fees), whether or not separately stated and/or collected directly from customers of the user, now or hereinafter levied or imposed; any sums received as insurance payments or otherwise for damage to automobiles or other property of the user or for loss, conversion, or abandonment of such automobiles or property; or any sums received by reason of the user's disposal of capital assets and/or trade fixtures. With the approval of the director, a user that also provides parking for non-airport-related activities may deduct the resulting non-airport-related gross receipts. Any such deduction is determined and governed by the provision, above, for the non-airport-related deduction from the gross receipts of off-airport car rental users (see "N" in the formula for adjusted gross receipts of off-airport car rental users). _____ (Ord. No. 2014-1013, § 11, 11-12-2014; Ord. No. 2016-728, § 7, 9-28-2016; Ord. No. 2020-371, § 15, 5-6-2020) (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 08-52, § 38, 1-16-08, eff. 1-26-08; Ord. No. 09-683, § 2, 7-22-09, eff. 1-1-2010; Ord. No. 2010-354, § 6, 5-12-2010; Ord. No. 09-683, § 2, 7-22-09, eff. 7-1-2010; Ord. No. 2014-1013, § 12, 11-12-2014; Ord. No. 2016-728, §§ 9—12, 9-28-2016; Ord. No. 2020-371, § 16, 5-6-2020)

Houston Code of Ordinances § 9-62 Wheelchair accessible service provider airport operations.

Sec. 9-62. - Wheelchair accessible service provider airport operations. Wheelchair accessible service providers (class 12, as defined in Table 9-1) and their drivers and vehicles must comply with chapter 46 of this Code. (Ord. No. 2016-728, § 8, 9-28-2016)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH9AV_ARTIILAARRE_DIV3GRTRFetched: 10/26/2026